Latson v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Defendant’s answer set np contributory negligence of plaintiff and it was error to give an instruction excluding this defense. Foster v. Guggemos, 98 Mo. 391; Holiday-Klotz v. Tie Co., 87 Mo. App. 167; Schmidt v. Railroad, 149 Mo. 269; Cameron v. Hart, 57 Mo. App. 142; Standfield v. Loan Assn., 53 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Defendant’s answer set np contributory negligence of plaintiff and it was error to give an instruction excluding this defense. Foster v. Guggemos, 98 Mo. 391; Holiday-Klotz v. Tie Co., 87 Mo. App. 167; Schmidt v. Railroad, 149 Mo. 269; Cameron v. Hart, 57 Mo. App. 142; Standfield v. Loan Assn., 53 Mo. App. 595. (2) In plaintiff’s petition there is no allegation that after defendant’s motorman saw plaintiff’s position- of peril he failed to stop the car when he could have done so by the exercise of ordinary care, nor is…
1Opinion of the CourtMarshall, J.
This is an action to recover $20,000 damages for personal injuries received by the plaintiff on the 25th of May, 1901, in consequence of one of defendant’s cars colliding with the rear of a stanhope in which the plaintiff was riding, on Olive street, between Tenth and Eleventh streets, in the city of St. Louis — the accident occurring about 9:25 a. m. The plaintiff recovered a judgment for $9,000, and the defendant, after proper steps, appealed.
THE ISSUES.
The negligence charged in the petition is a violation by the defendant of the vigilant watch ordinance, and of the speed ordinance, of the…
2Cases cited4 opinions
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Stevenson v. SmithSupreme Court of Missouri · 1905
- Stolze v. St. Louis Transit Co.Supreme Court of Missouri · 1905
3Cited by13 opinions
- Spoeneman v. UhriSupreme Court of Missouri · 1933
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- McKenzie v. United Railways Co.Supreme Court of Missouri · 1909
- Smith v. Kansas City Railways Co.Missouri Court of Appeals · 1921
- Bumgardner v. St. Louis Public Service Co.Supreme Court of Missouri · 1937
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